Rule 56. Summary judgment.
(a) Motion for summary judgmentor partial summary judgment. A party may move for summary judgment,identifying each claim or defense?or the part of each claim or defense?on whichsummary judgment is sought. The court shall grant summary judgment if themoving party shows that there is no genuine dispute as to any material fact andthe moving party is entitled to judgment as a matter of law. The court shouldstate on the record the reasons for granting or denying the motion. The motionand memoranda must follow Rule 7 assupplemented below.
(a)(1) Instead of a statement of the facts under Rule 7, amotion for summary judgment must contain a statement of material facts claimednot to be genuinely disputed. Each fact must be separately stated in numberedparagraphs and supported by citing to materials in the record under paragraph(c)(1) of this rule.
(a)(2) Instead of a statement of the facts under Rule 7, amemorandum opposing the motion must include a verbatim restatement of each ofthe moving party?s facts that is disputed with an explanation of the groundsfor the dispute supported by citing to materials in the record under paragraph(c)(1) of this rule. The memorandum may contain a separate statement ofadditional materials facts in dispute, which must be separately stated innumbered paragraphs and similarly supported.
(a)(3) The motion and the memorandum opposing the motionmay contain a concise statement of facts, whether disputed or undisputed, forthe limited purpose of providing background and context for the case, disputeand motion.
(a)(4) Each material fact set forth in the motion or in thememorandum opposing the motion under paragraphs (a)(1) and (a)(2) that is notdisputed is deemed admitted for the purposes of the motion.
(b) Time to file a motion. A party seeking torecover upon a claim, counterclaim or cross-claim or to obtain a declaratoryjudgment may move for summary judgment at any time after service of a motion forsummary judgment by the adverse party or after 21 days from the commencement ofthe action. A party against whom a claim, counterclaim, or cross-claim isasserted or a declaratory judgment is sought may move for summary judgment atany time. Unless the court orders otherwise, a party may file a motion forsummary judgment at any time no later than 28 days after the close of alldiscovery.
(c)(1) Supportingfactual positions.A party asserting that a fact cannot be genuinely disputed or is genuinelydisputed must support the assertion by:
(c)(1)(A) citing to particular parts of materials in therecord, including depositions, documents, electronically stored information,affidavits or declarations, stipulations (including those made for purposes ofthe motion only), admissions, interrogatory answers, or other materials; or
(c)(1)(B) showing that the materials cited do not establishthe absence or presence of a genuine dispute.
(c)(2) Objection that afact is not supported by admissible evidence. A party may object that the materialcited to support or dispute a fact cannot be presented in a form that would beadmissible in evidence.
(c)(3) Materials notcited.The court need consider only the cited materials, but it may consider othermaterials in the record.
(c)(4) Affidavits ordeclarations.An affidavit or declaration used to support or oppose a motion must be made onpersonal knowledge, must set out facts that would be admissible in evidence,and must show that the affiant or declarant is competent to testify on thematters stated.
(d) When facts are unavailable to the nonmoving party. If a nonmoving partyshows by affidavit or declaration that, for specified reasons, it cannotpresent facts essential to justify its opposition, the court may:
(d)(1) defer considering the motion or deny it withoutprejudice;
(d)(2) allow time to obtain affidavits or declarations orto take discovery; or
(d)(3) issue any other appropriate order.
(e) Failing to properly support or address a fact. If a party fails toproperly support an assertion of fact or fails to properly address anotherparty's assertion of fact as required by paragraph (c), the court may:
(e)(1) give an opportunity to properly support or addressthe fact;
(e)(2) consider the fact undisputed for purposes of themotion;
(e)(3) grant summary judgment if the motion and supportingmaterials?including the facts considered undisputed?show that the moving partyis entitled to it; or
(e)(4) issue any other appropriate order.
(f) Judgment independent of the motion. After giving noticeand a reasonable time to respond, the court may:
(f)(1) grant summary judgment for a nonmoving party;
(f)(2) grant the motion on grounds not raised by a party;or
(f)(3) consider summary judgment on its own after identifyingfor the parties material facts that may not be genuinely in dispute.
(g) Failing to grant all the requested relief. If the court does notgrant all the relief requested by the motion, it may enter an order stating anymaterial fact?including an item of damages or other relief?that is notgenuinely in dispute and treating the fact as established in the case.
(h) Affidavit or declaration submitted in bad faith. If satisfied that anaffidavit or declaration under this rule is submitted in bad faith or solelyfor delay, the court?after notice and a reasonable time to respond?may orderthe submitting party to pay the other party the reasonable expenses, includingattorney's fees, it incurred as a result. The court may also hold an offendingparty or attorney in contempt or order other appropriate sanctions.
Advisory Committee Notes